Nigeria has for decades maintained a strict legislative framework regarding abortion, which generally prohibits the procedure except under specific conditions. This legal stance reflects the cultural, religious, and ethical sensitivities surrounding the issue. The Regulation only permits Abortion under circumstances when it is deemed necessary to save the pregnant woman’s life, with limited restrictions. These exceptions constitute the cornerstone of the nation’s abortion laws regardless of its uneven enforcement. Despite the allowance for life-saving abortion, the law is highly restrictive and does not extend to other cases.
There are minor differences in the legal framework governing abortion across the northern and southern region. Abortion laws in southern Nigeria are governed by the Criminal Code Act, which defines abortion as a criminal offense that carries a jail sentence in Sections 228, 229, and 230 of the code. These clauses make it illegal for a woman or another person to try to get an abortion. Nevertheless, Section 297 of the code offers an exception, allowing abortion in cases where a licensed medical practitioner concludes that the woman’s life is in grave danger if the pregnancy is continued.
Some compelling circumstances are not covered by the statute.
In such a situation, the treatment may be carried out as a life-saving measure, but it must adhere to stringent legal and medical requirements. Similar limitations are in effect in northern Nigeria, where the Penal Code is applicable. Except in situations where the pregnant woman’s life is in danger, abortion is illegal. The region’s Islamic values are reflected in the Penal Code, which strengthens the religious and societal hostility to abortion. It does, however, recognize the need for medical intervention to preserve a woman’s life, much like the Criminal Code, which limits the legality of abortion.
Notwithstanding these legal restrictions, the concept of a risk to a woman’s life is sometimes ambiguous, which results in uneven enforcement. Other compelling circumstances, such as pregnancies brought on by rape, incest, or situations involving serious fetal abnormalities, are not specifically covered by the statute. As a result, these circumstances make it extremely difficult for women to obtain safe and authorized abortion procedures. Many are compelled to use dangerous and covert means, which adds to Nigeria’s high rates of maternal morbidity and mortality.
Medical workers are reluctant even under the law.
For Nigerian women seeking abortion services, the combination of social views, legal constraints, and limited access to reproductive healthcare creates a difficult environment. Many medical professionals are reluctant to conduct abortions, even when the law allows them, out of concern about potential legal ramifications or social disapproval. Many women have few options due to this hesitation, which further restricts access to safe and legal abortions. The law’s ambiguity and restrictiveness have soared calls to reform the regulation.
Women’s rights groups and Public Health activists contend that the complexity of reproductive healthcare is not sufficiently addressed by the current legislative framework. They draw attention to the necessity of broadening the exceptions to cover situations involving sexual assault, serious health concerns that go beyond life-threatening illnesses, and cases of fetal disability that is incompatible with life. Additionally, proponents stress that changing these regulations would contribute to a decrease in unsafe abortions, which are a major contributor to maternal fatalities in Nigeria. Reforming abortion legislation, however, met with strong opposition.
Related Article: The need for abortion law reform in Nigeria
Ongoing debates over abortion regulations, which highlights the conflict between societal ideals and public health requirements, necessitate a more comprehensive and practical approach to reproductive rights and healthcare in Nigeria. Reaching an agreement on this matter in Nigeria remains difficult, though. Growing awareness of the negative effects restrictive abortion laws have on Human Rights and health may advance the discussion by highlighting the need for Legislation that strikes a balance between societal norms and women’s health and dignity.